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An Act to restrict the importation and exportation of certain animals, plants and items and to restrict certain transactions in respect of them or their derivatives; to confer on the Secretary of State power to restrict by order the places at which live animals may be imported; to restrict the movement after importation of certain live animals; and for connected purposes |
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(a) | a
live or dead animal of any of the kinds to which Schedule 1 of this Act
for the time being applies;
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(b) | a
live or dead plant of any of the kinds to which Schedule 2 to this Act for
the time being applies;
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(c) | an
item to which Schedule 3 to this Act for the time being applies.
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(a) | is
part of or derives from or is made wholly or partly from an animal of any
of the kinds to which Schedule 1 or a plant of any of the kinds to which
Schedule 2 to this Act for the time being applies; but
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(b) | is
not an item to which Schedule 3 to this Act for the time being applies,
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(a) | may
be, to any degree, general or specific,
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[(aa) | may
be issued either to all persons, to persons of a class or to a particular
person;
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(ab) | may
be subject to compliance with any specified conditions, ;]
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(b) | may
be modified or revoked at any time by the Secretary of State, and
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(c) | subject
to paragraph (b) above, shall be valid for [such] period as is stated in
the licence.
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(a) | makes
a statement or representation which he knows to be false in a material particular,
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(b) | furnishes
a document or information which he knows to be false in a material particular,
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(c) | recklessly
makes a statement or representation which is false in a material particular,
or
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(d) | recklessly
furnishes a document or information which is false in a material particular,
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(a) | any
live or dead animal or plant, or
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(b) | an
item to which Schedule 3 to this Act for the time being applies,
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(a) | its
return to the wild; or
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(b) | its
being kept at premises (whether within or outside the United Kingdom) which
are suitable for the keeping of animals or plants of that kind,
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Commencement
order: SI 1977/24.
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Sub-ss
(3A), (3B), (9), (10): inserted by the Wildlife and Countryside Act 1981,
s 15, Sch 10, paras 1–3. Sub-s (4): words “or (3B)” and paras (aa), (ab) inserted and word in square brackets in para (c) substituted by the Wildlife and Countryside Act 1981, s 15, Sch 10, para 1(2), (3). Sub-ss (5), (7): words in square brackets inserted by the Wildlife and Countryside Act 1981, s 15, Sch 10, para 1(2). Sub-s (6): first words in square brackets inserted by the Wildlife and Countryside Act 1981, s 15, Sch 10, para 1(2); second words in square brackets substituted by the Magistrates’ Courts Act 1980, s 32(2). Sub-s (8): words in square brackets substituted by the Customs and Excise Management Act 1979, s 177(1), Sch 4, para 12, Table, Part I. Sub-s (11): inserted by the Wildlife and Countryside Act 1981, s 15, Sch 10, para 3; maximum fine converted to a level on the standard scale by the Criminal Justice Act 1982, ss 37, 46. |
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(a) | establish
any body or bodies, consisting in each case of such members as he may from
time to time appoint;
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(b) | assign
to any other body or bodies the duty referred to in subsection (4) below.
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(a) | establish
at least one body under paragraph (a) of subsection (1) above, or
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(b) | assign
to at least one body, under paragraph (b) of that subsection, the
duty referred to in subsection (4) below.
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(a) | in
connection with the administration of this Act;
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(b) | generally
in connection with the importation and exportation of animals and plants
of kinds which appear to him or, as the case may be, the authority to be,
or to be likely to become, endangered as a result of international trade,
and items derived wholly or partly from animals and plants of those kinds.
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Commencement
order: SI 1977/24.
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(a) | to
give effect to any amendment to the Convention made in pursuance of its
provisions;
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(b) | to
give effect to the inclusion of anything in or the withdrawal of anything
from Appendix III to the Convention (kinds of animals and plants the trade
in which a party identifies as needing international control) at the instance
of any party to the Convention;
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(c) | to
promote the conservation [in any area] of animals or plants of any kind
which appears to the Secretary of State to be, or to be likely to become,
endangered [there] as a result of international trade;
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(d) | to
remove any restriction which is for the time being imposed by virtue of
this Act on the importation and exportation of animals or plants of any
particular kind or of any particular items and which does not in the opinion
of the Secretary of State promote such conservation as is referred to in
paragraph (c) above;
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[(dd) | to
restrict the importation of animals or plants of any kind which appear to
the Secretary of State to be unlikely to survive for any appreciable time
if they are kept in the United Kingdom;]
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(e) | to
facilitate the more effective or more convenient administration of any restriction
which is for the time being imposed by virtue of this Act on the importation
and exportation of animals or plants of any particular kind or of any particular
items.
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Commencement
order: SI 1977/24.
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Words
in square brackets inserted by the Wildlife and Countryside Act 1981, s
15, Sch 10, para 4.
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(a) | anything
which has been imported contrary to section 1 above, or
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(b) | anything
which is made wholly or partly from anything referred to in paragraph (a)
above and which at the time of the alleged offence (though not necessarily
at the time of importation) constitutes an item to which Schedule 3 to this
Act for the time being applies,
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(a) | a
live or dead animal of any of the kinds to which Schedule 4 to this Act
for the time being applies or an egg or other immature stage of such an
animal;
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(b) | a
live or dead plant of any of the kinds to which Schedule 5 to this Act of
the time being applies; or
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(c) | any
part of or anything which derives from or is made wholly or partly from
anything referred to in paragraph (a) or (b) above,
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(a) | that
at the time when it first came into his possession he made such enquiries
(if any) as in the circumstances were reasonable in order to ascertain whether
it was a restricted article, and
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(b) | that,
at the time the alleged offence was committed, he had no reason to believe
that it was a restricted article.
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(a) | the
supplier made enquiries at the time the restricted article came into his
possession in order to ascertain whether it was a restricted article, and
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(b) | the
supplier had no reason to believe at the time he relinquished possession
of the restricted article to the accused that the article was at that time
a restricted article.
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(a) | on
summary conviction, to a fine not exceeding [the prescribed sum];
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(b) | on
conviction on indictment, to imprisonment for a term not exceeding two years
or a fine, or both.
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Commencement
order: SI 1977/24.
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Sub-s
(1): first words in square brackets substituted, second words in square
brackets inserted and words omitted repealed, by the Wildlife and Countryside
Act 1981, s 15, Sch 10, para 5. Sub-ss (1A)–(1C): inserted by the Wildlife and Countryside Act 1981, s 15, Sch 10, para 5. Sub-ss (2), (6): words in square brackets inserted by the Wildlife and Countryside Act 1981, s 15, Sch 10, para 5. Sub-s (5): first words in square brackets inserted by the Wildlife and Countryside Act 1981, s 15, Sch 10, para 5; second words in square brackets substituted by the Magistrates’ Courts Act 1980, s 32(2). Sub-s (8): words in square brackets substituted by the Customs and Excise Management Act 1979, s 177(1), Sch 4, para 12, Table, Part I. |
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(a) | to
import by sea any live animal of any kind to which the order is expressed
to relate;
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(b) | to
import any such animal by sea unless it is imported at a port or one of
the ports specified in the order in relation to animals of that kind;
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(c) | to
import any such animal by air;
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(d) | to
import any such animal by air unless it is unloaded at an airport or one
of the airports specified in the order in relation to animals of that kind;
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(e) | to
import any such animal by land;
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(f) | to
import any such animal by land unless it is brought across the boundary
into Northern Ireland at a place or one of the places specified in the order
in relation to animals of that kind.
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“airport”
means an aerodrome for the time being designated as a [customs and excise
airport as mentioned in section 21(7) of the Customs and Excise Act 1979];
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Commencement
order: SI 1977/24.
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Sub-s
(4): words in square brackets substituted by the Customs and Excise Management
Act 1979, s 177(1), Sch 4, para 12, Table, Part I.
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(a) | knowingly
takes the animal, or knowingly permits it to be taken, at any time after
the relevant event to premises which he knows or ought to know are not at
the time of the taking the specified premises; or
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(b) | knowingly
moves the animal, or knowingly permits it to be moved, at any time after
the relevant event, the circumstances of the removal being that—
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(i) it
is made from premises which he knows or ought to know are at the time of
the removal the specified premises, and
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(c) | knowingly
keeps the animal at any time after the relevant event at premises which
are occupied by him and which he knows or ought to know are not at the time
of the keeping the specified premises,
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(a) | the
completion by the animal of any period of detention (whether in quarantine
or otherwise) in accordance with any provision made by or under any enactment,
being detention connected with the importation in respect of which the direction
concerned was given;
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(b) | the
departure of the animal from any premises connected with the importation
in respect of which the direction concerned was given.
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(a) | a
certificate signed by or on behalf of the prosecutor and stating the date
on which such evidence as aforesaid came to his knowledge shall be conclusive
evidence of the fact; and
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(b) | a
certificate stating that matter and purporting to be so signed shall be
deemed to be so signed unless the contrary is proved.
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(a) | subsections
(6) and (7) above shall not apply;
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(b) | proceedings
for an offence under subsection (3) above may be commenced at any time within
six months after the date on which evidence sufficient in the opinion of
the Lord Advocate to justify a prosecution comes to his knowledge, or where
such evidence is reported to him by the Secretary of State within six months
after the date on which it came to the knowledge of the Secretary of State;
but no such proceedings shall be commenced by virtue of this section more
than three years after the commission of the offence;
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(c) | for
the purposes of paragraph (b) above—
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(i) a
certificate purporting to be signed by or on behalf of the Lord Advocate
or the Secretary of State, as the case may be, stating the date on which
such evidence as aforesaid came to their knowledge shall be conclusive evidence
of that fact; and
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Commencement
order: SI 1977/24.
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Sub-s
(3): maximum fine increased and converted to a level on the standard scale
by the Criminal Justice Act 1982, ss 37, 38, 46.
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Sub-s
(8): applies to Scotland only.
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(a) | in
order to enable the Secretary of State to decide whether the premises remain
such that in his opinion the animal may suitably be kept there;
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(b) | in
order to ascertain whether the animal is being kept on the premises.
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Commencement
order: SI 1977/24.
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Sub-s
(4): maximum fine increased and converted to a level on the standard scale
by the Criminal Justice Act 1982, ss 37, 38, 46.
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Commencement
order: SI 1977/24.
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(a) | any
colony other than one for whose external relations a country other than
the United Kingdom is responsible;
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(b) | any
country outside Her Majesty’s dominions in which Her Majesty has jurisdiction
in right of Her Majesty’s Government in the United Kingdom.
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Commencement
order: SI 1977/24.
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(a) | the
expenses of any government department in respect of the administration of
this Act;
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(b) | any
increase attributable to this Act in the sums so payable under any other
Act.
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Commencement
order: SI 1977/24.
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Commencement
order: SI 1977/24.
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(a) | which
is frozen, dried or preserved by chemicals, or
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(b) | which,
although not complete (whether because it has been eviscerated or because
it has had the whole of its inside removed and has been stuffed, or for
any other reason), is substantially complete and externally substantially
resembles the complete body of an animal of the kind concerned.
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(a) | which
is frozen, dried or preserved by chemicals, or
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(b) | which,
although for any reason not complete, is substantially complete and externally
substantially resembles a complete dead plant of the kind concerned.
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Commencement
order: SI 1977/24.
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The Northern
Ireland Act 1998 makes new provision for the government of Northern Ireland
for the purpose of implementing the Belfast Agreement (the agreement reached
at multi-party talks on Northern Ireland and set out in Command Paper 3883).
As a consequence of that Act, any reference in this section to the Parliament
of Northern Ireland or the Assembly established under the Northern Ireland
Assembly Act 1973, s 1, certain office-holders and Ministers, and any legislative
act and certain financial dealings thereof, shall, for the period specified,
be construed in accordance with Sch 12, paras 1–11 to the 1998 Act.
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Commencement
order: SI 1977/24.
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Sub-s
(2): figures in square brackets substituted by the Wildlife and Countryside
Act 1981, s 15, Sch 10, para 6. Sub-s (5): repeals the Importation of Plumage (Prohibition) Act 1921, and the Animals (Restriction of Importation) Act 1964. Sub-s (6): amends the Protection of Birds Act 1954, s 7; repealed by the Wildlife and Countryside Act 1981, s 73, Sch 17, Part II. |
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Substituted
by SI 1996/2684, reg 2.
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Substituted
by SI 1996/2684, reg 2.
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Substituted
by SI 1996/2684, reg 3.
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Substituted
by SI 1996/2684, reg 3.
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Substituted
by SI 1996/2684, reg 4.
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Substituted
by SI 1996/2684, reg 4.
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Inserted
by the Wildlife and Countryside Act 1981, s 15, Sch 10, Pt II. Substituted by SI 1996/2684, reg 5, Sch 1. |
| Restricted kind | Common name |
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Carnivora
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| Vulpes velox hebes | Northern kit fox |
| Aonyx microdon | Cameroon clawless otter |
| Felis bengalensis bengalensis | Bengal tiger cat |
| Felis rubiginosa | Rusty-spotted cat |
| Felis rufa escuinapae | Mexican bobcat |
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Artiodactyla
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| Vicugna vicugna | Vicuna |
| Moschus moschiferus moschiferus | Himalayan musk deer |
| Antilocapra americana sonoriensis | Sonoran pronghorn |
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Rodentia
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| Pseudomys fumous | Smoky mouse |
| Restricted kind | Common name |
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Falconiformes
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| Cathartidae (except Gymnogyps californianus and Vultur gryphus) | New World vultures |
| Restricted kind | Common name |
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Crocodylia
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| Crocodylus niloticus | Nile crocodile |
| Crocodylus porosus | Salt-water crocodile |
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Serpentes
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| Bolyeria spp (except B multocarinata) | Round Island boas |
| Casarea spp (except C dussumeri) | Keel-scaled boas |
| Restricted kind | Common name |
| Coregonus alpenae | Longjaw cisco |
| Stizostedion vitreum glaucum | Blue walleye |
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Inserted
by the Wildlife and Countryside Act 1981, s 15, Sch 10, Part II. Substituted by SI 1996/2684, reg 5, Sch 1. |
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Inserted
by the Wildlife and Countryside Act 1981, s 15, Sch 10, Pt III. Substituted by SI 1996/2684, reg 6, Sch 2. |
| [Family | Kind |
| Araceae | Alocasia sanderana |
| Caryocaraceae | Caryocar costaricense |
| Caryophyllaceae | Gymnocarpus prewalskii |
| Melandrium mongolicus | |
| Silene mongolica | |
| Stellaria palvinata | |
| Gentianaceae | Prepusa hookeriana |
| Humiriaceae | Vantanea barbourii |
| Juglandaceae | Engelhardtia pterocarpa |
| Leguminosae | Ammopiptanthus mongolicum |
| Cynometra hemitomophylla | |
| Platymiscium pleiostachyum | |
| Tachilgalia versicolor | |
| Melastomataceae | Lavoisiera itambana |
| Meliaceae | Guarea longipetiola |
| Moraceae | Batocarpus costaricensis |
| Pinaceae | Abies nebrodensis |
| Podocarpaceae | Podocarpus costalis |
| Saxifragaceae (otherwise known as Grossulariaceae) | Ribes sardoum |
| Ulmaceae | Celtis aetnensis |
| Welwitschiaceae | Welwitschia bainesii |
| Zingiberaceae | Hedychium philippinense] |
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Inserted
by the Wildlife and Countryside Act 1981, s 15, Sch 10, Part III. Substituted by SI 1996/2684, reg 6, Sch 2. |
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